sbccfandomcom-20200213-history
2011-02-07 Regular Agenda
Items Not on the Agenda Due to the fact that Mayor Morris was out of town, 2nd Ward Council Member, Tobin Brinker was acting as Mayor Pro-Tem and presided over the meeting. As such the beginning of this meeting (the order of events) was handled differently that usual.thumb|300px|right|A portion of the San Bernardino City Council Meeting Joining the meeting at 33:30 min into the meeting: *Brinker, Acting Mayor Pro-Tem: Requests council members to rejoin the table to continue meeting, and make announcements. #Ted DelGeorge Native Son, 100 birthday announcement. #Congratulations to the National Orange Show on 100 year anniversary. #Police Depat. 4th Community Police Academy. #Unsual Meeting because Mayor is gone. Distributed 2 documents: ##Charter ordinatce on Mayor Pro-Tem functions, Charter section #36. ##Debate in past on how parliamentary procedure works. Took council rules and put into the form of a chart. Basically lays out our motions, what requires a second, what's debatable, if it's amendable and what vote is required. #Asks for motion to make VanJohnson parliamentarian just for tonights meeting. Moved by Marquez, 2nd by Shorett. Brinker calls for the question, without discussion. McCammack asks, is this a council action, because if this is a council action it needs to be placed on the agenda, parliamentary. Brinker states, "this is for the good of the order." McCammack states this is a Brown Act violation. Jolena Grider from the City Attorney's office confirms the action would violate the Brown Act since the item was not placed on the agenda. Brinker states, "not a problem." and moves on. Brinker's Ruling of the Chair Before we get into the agenda and before council announcement, Brinker makes a "ruling of the chair" that item #9 is not an actionable item and requests the City Manager to report on what is already been done on this item as simply the enforcement of a contract. Brinker requests the city manager to tell us the dispensation of item #9. McCammack - Before the city manager reports can you tell me why not an action item? Brinker - This is the enforcement of a contract and doesn't require a vote of the council to enforce a contract. The city manager has already taken action, we are just going to hear him. McCammack - says lets hear him during discussion on the agenda item. Brinker - "We are not going to hear that agenda item. McCammack - If we are not going to hear the agenda item, then you have also violated the Brown Act. Brinker - No I have not. I am making a ruling as the chair. If you want to over-rule the ruling of the chair you can look in the rules how to do that, it requires 5 votes. McCammack - I am still expecting that the agenda item still gets heard. If it doesn't, not a problem, the issue is still the issue and I will spend as much time during my announcements as necessary to make it happen. Brinker - calls on City Manager to report. McNeeley - Became aware when McCammack raised issued, as a result did follow-up. States did talk with the Chief. He informed that he will comply and abide by the contract. McCammack - Which is what? McNeeley - This is a repayment of the 5 thousand dollars. McCammack - Oh Ok. McNeeley - So, he will do that. Having said that and met with the Chief and HR on this issue and looking at the contract myself there are some other issues related to this contract, so I will be meeting with the Chief and City Attorneys. The City Attorneys office needs to weigh in on this before I finalize my action. Once that is done I will forward back to the city council and the Mayor my findings as well as my actions on this item, and that will be done by Friday this week (Feb, 11). McCammack - Mayor Pro-Tem, so if that is the action, why would this council had a problem action upon... Brinker - We don't need to vote to tell him to do something he has already done. McCammack - Ok I can tell you whats happened in Mr. McNeeley's tenure. When I've asked him to do something either privately or at the committee level, his postion is, "as long as there are 4 votes of the council to act, I'll act." I asked him privately a month ago, very privately to enforce the contract. I asked him two weeks ago, when he told me he read the contract and he thought the Chief was responsible to pay the 5 thousand dollars back and because I heard nothing I decided to put it on the agenda because it was apparent to me that the city manager needed 4 votes to do it. Brinker - Enforcing a contract is not something that has any discretion at all. McCammack - And the City Manager has told me that unless he get a majority of the city council to direct him to do something, he won't do it, and in all fairness I understand. Which is why it went on the agenda. States need to really consider if the resources for the department are satisfactory because I understand the frustration the Chief has with the funding he has been getting to provide the public safety to this community. With that I thought is was a good time to talk about the needs of the public and the public safety needs of the department, especially with more and more officers getting hurt on the job. But, Mr. Pro-Tem if you don't want to discuss that publicly, not a problem. Brinker - Do you have anything else to report. McNeeley - Said again met with HR and Cheif and assureed he would comply but there are also some other issues that need to be looked at. But, he did assure me that it was not an issue whatsoever to repay the 5 thousand dollars. Having said that, he also addressed the alleged statements made by the Chief and to clarify from the cheifs standpoint: the comments made to a new employee about moving into the city and that is wasn't safe to move here. McNeely states on behalf of the Chief that he never made such comments. The Chief did made a comment, or not the Chief I think it was one of his staff members, when the person was looking at trying to find a suitable residence, she had asked and the department made some comments about specific apartment complexes receive a high volume of calls for service, and they provided that information. Brinker - Thank you. McCammack - As Mayor Pro-Tem you ought to know that in a briefing the Chief did make a statement to the rank and file, to bring to the publics attention that the Chief is apparently quoted as saying does not know how long he can honestly protect the officers safety because of the lack of resources for the department. I'd like for you to point for me in the Charter where it says that we do not have to act to enforce a contract. Brinker - I'm not going to say it says that in the Charter, but if you have a contract... McCammack - Please point to me... Brinker - No, no, Its not in the charter. I'm saying it is simply an administrative function of enforcement of a contract and that is why I decided we are not going to act on item #9. Jolena Grider - If I could add just one thing, In many cases to enforce a contract we do have to litigate and that would take a vote of the council. Brinker - But we're not at litigation, but thank you. Going to do things a bit differently. I'm going to ask for elected and staff to do their reports first then the council. 45:15 Category:Mayor Pro-Tem Category:Ruling of the Chair Category:Public Safety Category:Contracts Category:Brown Act Category:Chief Kilmer Category:Police